Haynes v Harwood
🧑‍⚖️ Haynes v. Harwood [1935] 1 KB 146
— A landmark English tort law case on negligence and the rescue doctrine
đź“ť Case Summary
đź“Ś Citation:
Haynes v. Harwood [1935] 1 KB 146 (Court of Appeal, UK)
🔍 Facts of the Case:
A horse-drawn van was left unattended by the defendant’s servant in a busy street.
Some boys threw stones at the horses, causing them to bolt and run down the street uncontrollably.
The claimant, a police constable, saw the danger and ran to stop the horses to prevent injury to the public.
In doing so, he was injured.
⚖️ Issue:
Was the defendant liable for the injuries suffered by the plaintiff, even though the plaintiff voluntarily put himself in danger?
đź“š Judgment:
The Court held that the defendant was liable.
The court applied the "rescue doctrine", stating that a rescuer who voluntarily faces danger to protect others is owed a duty of care.
The plaintiff’s actions were not considered “voluntary” in a legal sense because he was acting under a moral and social duty to protect the public.
🧠Legal Principles Established:
âś… 1. Duty of Care to Rescuers
A person who creates a dangerous situation owes a duty of care not only to those directly in harm’s way but also to those who may be injured while trying to rescue others from that danger.
âś… 2. Volenti Non Fit Injuria Not a Defense Here
The defense of voluntary assumption of risk (volenti non fit injuria) did not apply, because the constable’s act of rescue was seen as compelled by duty, not pure voluntariness.
đź“Ś Significance of the Case:
Expands liability in tort to include rescuers.
Encourages people to act to prevent harm without penalizing them legally.
Commonly cited in negligence cases involving rescuers.
đź“– Related Concept: Rescue Doctrine
If you create a danger, you are liable not just for direct harm, but also for harm caused to those who attempt a reasonable rescue.
Rescuers are treated favorably by the law.
âś… Conclusion:
Haynes v. Harwood is a foundational case that underscores the principle that negligent creation of danger includes a duty towards rescuers, and that public-spirited actions should be protected, not penalized, under tort law.
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